Report 2018-301 Recommendation 1 Responses

Report 2018-301: Judicial Branch Procurement: Some Superior Courts Generally Followed Requirements but Could Improve Their Procurement Practices (Release Date: January 2019)

Recommendation #1 To: Superior Court of California, County of Santa Clara

The Santa Clara court should ensure that it supports all payments with a contract or purchase order that clearly states the terms and pricing for any goods or services received. The court should also ensure that it competitively awards its contracts as appropriate and that it properly documents its fair and reasonable pricing determinations, including those for applicable leveraged agreements.

1-Year Agency Response

Procurement provided training to the directors and managers of the Court on proper contract and procurement procedures. Topics taught and discussed pertained to the procurement process of the Court and the solicitation process and various methods we go out for bids for goods and services. Contracts and the process and procedures on proper contracting methods were also taught to the class. The directors and managers of the Court were educated on the importance of conducting solicitations for all goods and services and that contracts must be competitively bidded to find the correct vendor. The use of Sole Source for the contracts and all the certifications needed as part of the solicitation and contracting process

California State Auditor's Assessment of 1-Year Status: Fully Implemented

6-Month Agency Response

The Santa Clara Procurement department is creating procedures for how to handle contracts and MOUs for the Court to insure that there is always has a contract/MOU or purchase order that states the terms and conditions and pricing and services required by the Court from the contractors.

All goods and services required by the Court will undergo a solicitation process to find the best price and value for the Court. Contracts and purchase orders will reference solicitation documents and any sole source documentation and pricing determinations as justification for the purchase or contract. All LPA contracts that the Court wishes to engage with will undergo a price check to determine if the pricing is reasonable prior to the Court signing with the LPA. Training will be provided to the Court's directors on these new process and procedures.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

- The Santa Clara Court is making sure that any future services provided or received by the Court has a Memorandum of Understanding (MOU) or contract in writing with other government entities. Internal education will be provided to the Court's officers to insure that they have a clear understanding of contracting practices with other government agencies.

- The Contracting Department will be conducting ongoing training to Court staff and officers to insure that all contractor services go through the Procurement Department and undergo proper solicitation procedures and Contracts are created with the vendor upon completion of the solicitation process.

- If a solicitation was not conducted for the goods or services acquired by the Court a sole or single source document will be created to state the reasons for the use of the contractor.

- On future usage of Leveraged Procured Agreements (LPA) the Procurement Department will conduct a pricing check to insure that the LPA pricing is fair and reasonable prior to engaging in a contract with the LPA provider.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2018-301

Agency responses received are posted verbatim.